Mndiyata and Others v Umgungundlovu CPA and Others (1606/20)
Mndiyata and Others v Umgungundlovu CPA and Others (1606/20) [2021] ZAECMHC 6 (28 January 2021)
The court found that the applicants failed to establish a prima facie right to the interim relief sought, as their case relied almost exclusively on the mediation report, which is not binding on the Director-General under the Communal Property Associations Act. The applicants did not provide independent evidence of maladministration or improper conduct by the committee. The respondents demonstrated that robust financial controls were in place and that the applicants represented only a small minority of the community. The court held that the balance of convenience favoured allowing the Directo…
Source excerpt
- Communal Property Association Act
- Interim Interdict
- Administration Of Community Property
- Director General Powers
- Mediation And Conciliation
- Urgent Application Requirements